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Started by Syt, December 06, 2015, 01:55:02 PM

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Jacob

#13560
Quote from: crazy canuck on August 03, 2022, 07:21:30 PMIn BC a lawyer who receives information which was mistakenly sent to them must inform the other side and either return the information unread or destroy the information without reading it.

In the clip circulating, the Sandy Hook Parents lawyer says (in court, when he reveals that he has the files) that Jones' lawyer sent him the files 12 days ago. When informed of it, Jones' lawyer did not assert privilege or otherwise object... so, apparently, 10 days later the evidence is in the clear to use.

grumbler

Quote from: Jacob on August 03, 2022, 03:36:56 PMApparently Alex Jones made about $800,000 day on Infowars.

And apparently his lawyer accidentally handed over the contents of Alex Jones' phone to the Sandy Hook parents' lawyer.

Made up to $800,000 on some days.  That was not his average (or, at least, we have no evidence that it was his average).  The significance of that info, though, is that it shows he was lying when he talked about the most money he made from the site.

The phone thing, again, is important in that it shows that Jones was lying when he said that he had no messages on his phone regarding Sandy Hook.  It probably isn't admissible in and of itself because of the lack od f a chain of custody.

The judge was not amused by the fact that Jones and his lawyers "forgot" to submit all of the evidence requested during discovery, as the phone image demonstrated.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

crazy canuck

Quote from: Jacob on August 03, 2022, 07:30:09 PM
Quote from: crazy canuck on August 03, 2022, 07:21:30 PMIn BC a lawyer who receives information which was mistakenly sent to them must inform the other side and either return the information unread or destroy the information without reading it.

In the clip circulating, the Sandy Hook Parents lawyer says (in court, when he reveals that he has the files) that Jones' lawyer sent him the files 12 days ago. When informed of it, Jones' lawyer did not assert privilege or otherwise object... so, apparently, 10 days later the evidence is in the clear to use.

Wow, it will be interesting to see what the fallout over that is.

The Minsky Moment

#13563
The text messages about the SH incident would presumably not involve communications with counsel and thus could not be clawed back as privileged. That certainly appears to be true of the one example used in Court. Although the inadvertent production of such material would be a blunder, the bigger question in my mind would be (as grumbler alluded to above) why such relevant evidence had been previously withheld.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Jacob

Quote from: The Minsky Moment on August 04, 2022, 02:12:38 AMThe text messages about the SH incident would presumably not involve communications with counsel and thus could not be clawed back as privileged. That certainly appears to be true of the one example used in Court. Although the inadvertent production of such material would be a blunder, the bigger question in my mind would be (as grumbler alluded to above) why such relevant evidence had been previously withheld.

Jones offered that explanation that "I put Sandy Hook into the search function and nothing came up. I don't know, I'm not a tech guy."

Compelling stuff.

Jacob

So apparently both the Jan 6th Committee and Alex Jones ex-wife are subpoenaing Jones' phone records.

The Minsky Moment

QuoteJones offered that explanation that "I put Sandy Hook into the search function and nothing came up. I don't know, I'm not a tech guy."

Compelling stuff.

Yeah that's not how discovery is supposed to work.

it's kind of amazing this guy hasn't been torched by the legal system years ago.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Jacob

Hypthetical question for the lawyers here:

Let's say I make a statement under oath that I never sent an email in which I said "everyone on languish is a bunch of jerks" (and this is relevant to the case being tried).

I have in fact sent such emails where I unequivocally state that I think "everyone on languish is a bunch of jerks." However, I do not share this during the discovery phase whether through incompetence or in an attempt to be clever.

A little while later, my idiot lawyer sends all my email records to opposing council, including emails in which I make the statement I swore I did not make.

Opposing counsel informs my idiot lawyer (as they're supposed to) and they - being more on the ball than Jones' lawyer - assert privilige.

Am I in the clear? I have perjured myself and done whatever the technical term is for playing games with discovery by withholding relevant evidence... but officially nobody knows that. So am I safe, or is there a way this could come to light officially and with due process?

The Brain

Just don't send that kind of emails, Jacob.
Women want me. Men want to be with me.

crazy canuck

#13569
Quote from: Jacob on August 05, 2022, 02:00:00 PMHypthetical question for the lawyers here:

Let's say I make a statement under oath that I never sent an email in which I said "everyone on languish is a bunch of jerks" (and this is relevant to the case being tried).

I have in fact sent such emails where I unequivocally state that I think "everyone on languish is a bunch of jerks." However, I do not share this during the discovery phase whether through incompetence or in an attempt to be clever.

A little while later, my idiot lawyer sends all my email records to opposing council, including emails in which I make the statement I swore I did not make.

Opposing counsel informs my idiot lawyer (as they're supposed to) and they - being more on the ball than Jones' lawyer - assert privilige.

Am I in the clear? I have perjured myself and done whatever the technical term is for playing games with discovery by withholding relevant evidence... but officially nobody knows that. So am I safe, or is there a way this could come to light officially and with due process?

First, and foremost, truth is always a defence and so you would have little reason to hide those emails.

But to your question, those documents are not privileged.  You may have committed perjury but the more likely civil finding against you (and least in BC) is an award of special costs and probably exemplary damages.     Your lawyer may also be in trouble if they knew you had the documents but did not disclose them.


Jacob

#13570
Jury imposes US$45.2 million in punitive damages on Jones.

https://www.cbc.ca/news/world/alex-jones-damages-sandy-hook-shooting-1.6542279

crazy canuck

With two more defamation claims to go...


Razgovory

Quote from: Syt on August 03, 2022, 12:57:16 PMAnother one shared by my niece's husband.



Bigger size: https://i.postimg.cc/hDwRLK1p/image.png
When someone posts pepe the Frog I automatically assume that person is a racist.

I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

grumbler

Quote from: Razgovory on August 05, 2022, 06:00:53 PMWhen someone posts pepe the Frog I automatically assume that person is a racist.

Racists also can't spell "NRA" correctly.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Syt

In a surprise twist, my sister comes out against the FBI searching homes? :unsure:  :hmm:


I am, somehow, less interested in the weight and convolutions of Einstein's brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops.
—Stephen Jay Gould

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